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                              File 910227


      Parties Brotherhood of Maintenance of Way Employees

      to and

      Dispute Union Pacific Railroad

      (Former Missouri Pacific Railroad Company)


      Statement

      of Claim: 1. Carrier violated the agreement, especially Rule 12,

      when Machine Operator A. L. Lewis was dismissed on November

      28, 1990.


              (2) Claim on behalf of Mr. Lewis for wage loss suffered, until reinstated with seniority, vacation and all other rights unimpaired.


      Findings: The Board has jurisdiction by reason of the parties

      Agreement establishing this Board therefor.


              The Claimant, Machine Operator A. L. Lewis, Jr., attended a formal investigation held, on November 13, 1990, on the charge:


              "...that on October 4, 1990 in the vicinity of Nehamh County, Nebraska, your allegedly convicted of possession of marijuana."


              Carrier, as a result thereof, concluded Claimant to be culpable. He was dismissed from service as discipline therefor.


                Carrier's Rule 607 - Conduct, - in part, reads:


              "The conduct of any employee leading to a conviction of any

              misdemeanor involving moral turpitude (including without

              limitation, the unlawful use of, possession, manufacture,

              distribution, dispensation or transportation of any illegal

              drug or controlled substance) or any felony is prohibited.

              Any employee convicted of any such misdemeanor or felony

              must not~is offer supervisor a conviction no-later

              tFa-n five days aT£er suc conviction.'(emphasis-adaed~-


              Claimant was accorded the due process to which entitled under discipline Rule 12.


              There was sufficient competent evidence adduced to support Carrier's conclusion as to Claimant's culpability. The record reflects that the Claimant was not present for work on October 4 and on the 5. Thereafter, he came back to

                        -2- Award No. 531


        work and advised that he had been arrested for "open container." The Special Agent later advised the Carrier that Claimant had not been arrested for open container but rather for possession of marijuana. The SA furnished the Carrier with the Complaint in Case CR-90-246 (possession of marijuana) from the State of Nebraska and the Journal Entry of Arraignment (Exhibits B-1 and B-2) on the Claimant in which the Claimant pled guilty to the charge. He was required to pay a fine of $200 plus the cost of action.


Award: Claim denied.

 S. ammons, r., Employee Member oc , arrier Mem er

                    'Arthur T. Van Wart, C airman and Neutral Member


Issued April 24, 1992.